Regulators publish reports into criminal advocacy standards

Barristers and solicitor advocates representing clients in
criminal courts are generally delivering a competent service to the
public, two reports released today have found.

Published by the Bar Standards Board and the Solicitors
Regulation Authority,
the first report explores the views of the judiciary on the
current quality, provision and regulation of advocacy within the
criminal courts.

Jointly commissioned with the Bar Standards Board and produced
by the Institute for Criminal Policy Research of Birkbeck,
University of London,the Judicial Perceptions Report, involved
in-depth interviews with 50 High Court and circuit judges.

Alongside this the SRA'sThematic Review of Criminal Advocacy,was
informed by data gathering and interviews with 40 solicitors' firms
actively involved in providing advocacy by solicitors within the
courts.

Overall the two reports suggested that while the quality of
advocacy was generally meeting standards, there were some examples
of poor advocacy.

Key findings of the jointly commissioned judicial research
included:

While judges viewed the current quality of advocacy as
competent, some felt that standards were declining in some areas,
especially in relation to core courtroom skills such as case
preparation and dealing with some witnesses.

Advocates' skills in dealing with young and vulnerable
witnesses are largely improving.

The most commonly cited barrier to high quality advocacy was
advocates taking on cases beyond their level of experience.

Judges were uncertain over when, and how, they should report
poor advocacy to regulators.

Key findings of the SRA's thematic review included:

Firms use in-house solicitors to support the vast majority of
criminal work in magistrates' courts and youth courts (90 percent),
and 29 percent of work in the Crown Court.

The solicitors' advocacy market is dominated by smaller firms
and increasingly ageing individuals, while the number of new
entrants to the market is falling.

Levels of complaints regarding advocacy work are relatively low
(22 recorded complaints in two years across all 40 sample
firms).

Approaches to training are inconsistent, with its delivery
often infrequent, limited or not planned.

Building upon the findings of both reports the SRA will be
undertaking further work to understand the work of solicitor
advocates. The Bar Standards Board also intends to
publish its strategy for assuring the quality of advocacy
shortly.

Paul Philip, SRA Chief Executive said: "Everyone involved in
legal proceedings has the right to expect that those representing
them in court have the necessary skills and expertise required to
do so effectively.

"These reports show that standards are being met but there is
more to do. We will be working with our fellow regulators and the
profession to ensure that quality is maintained and people receive
a good service."

Vanessa Davies, Director General of the BSB said: "I am pleased
that judges find that the quality of advocacy which they experience
in the criminal courts is generally competent and sometimes very
good. But they also acknowledge that some of the pressures on
advocates, not least current financial pressures, do threaten that
quality and that there are some examples of poor performance.
We remain determined to ensure that standards of advocacy are
maintained and improved where needed."

The SRA is the regulator of solicitors and law firms in England
and Wales, protecting consumers and supporting the rule of law and
the administration of justice. The SRA does this by overseeing all
education and training requirements necessary to practise as a
solicitor, licensing individuals and firms to practise, setting the
standards of the profession and regulating and enforcing compliance
against these standards. Further information is available at www.sra.org.uk

The SRA press office on 0121 329 6428/07865
728165

The mission of the Bar Standards Board is to regulate
barristers and specialised legal services businesses in England and
Wales in the public interest. For more information about what we do
visit: http://bit.ly/1gwui8t

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